[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[House]
[Pages 12656-12658]
[From the U.S. Government Publishing Office, www.gpo.gov]




      PYRAMID LAKE PAIUTE TRIBE--FISH SPRINGS RANCH SETTLEMENT ACT

  Mr. DAINES. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3716) to ratify a water settlement agreement affecting the 
Pyramid Lake Paiute Tribe, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3716

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Pyramid 
     Lake Paiute Tribe - Fish Springs Ranch Settlement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Ratification of agreement.
Sec. 4. Waiver and releases of claims.
Sec. 5. Satisfaction of claims.
Sec. 6. Beneficiaries to agreement.
Sec. 7. Jurisdiction.
Sec. 8. Environmental compliance.
Sec. 9. Miscellaneous provisions.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Original agreement.--The term ``Original Agreement'' 
     means the ``Pyramid Lake Paiute Tribe Fish Springs Ranch 
     Settlement Agreement'' dated May 30, 2007, entered into by 
     the Tribe and Fish Springs (including all exhibits to that 
     agreement).
       (2) Agreement.--The term ``Agreement'' means the Pyramid 
     Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 
     2007 Settlement Agreement dated November 20, 2013, entered 
     into by the Tribe and Fish Springs, and all exhibits to that 
     Agreement.
       (3) Environmental impact statement.--The term 
     ``environmental impact statement'' means the final 
     environmental impact statement for the North Valleys Rights-
     of-Way Projects prepared by the Bureau of Land Management (70 
     Fed. Reg. 68473).
       (4) Final payment date.--The term ``final payment date'' 
     means 30 days after the date on which the Tribe executes the 
     waivers, as authorized in section 4, on or before which Fish 
     Springs shall pay to the Tribe the $3,600,000 and accumulated 
     interest pursuant to subparagraph 4.2 of the Agreement.
       (5) Fish springs.--The term ``Fish Springs'' means the Fish 
     Springs Ranch, LLC, a Nevada limited liability company (or a 
     successor in interest).
       (6) Fish springs water rights.--The term ``Fish Springs 
     water rights'' means the 14,108 acre feet of water available 
     to Fish Springs pursuant to certificates of water rights 
     issued to Fish Springs or its predecessors in interest by the 
     State Engineer for the State of Nevada, copies of which are 
     attached as Exhibit ``G'' to the Original Agreement.
       (7) Additional fish springs water rights.--The term 
     ``additional Fish Springs water rights'' means the rights to 
     pump and transfer up to 5,000 acre feet per year of Fish 
     Springs water rights in excess of 8,000 acre feet per year, 
     up to a total of 13,000 acre feet per year, pursuant to 
     Ruling No. 3787 signed by the State Engineer for the State of 
     Nevada on March 1, 1991, and Supplemental Ruling on Remand 
     No. 3787A signed by the State Engineer for the State of 
     Nevada on October 9, 1992.
       (8) Honey lake valley basin.--The term ``Honey Lake Valley 
     Basin'' means the Honey Lake Valley Hydrographic Basin 
     described as Nevada Hydrographic Water Basin 97.
       (9) Project.--The term ``Project'' means the project for 
     pumping within Honey Lake Valley Basin and transfer outside 
     of the basin by Fish Springs of not more than 13,000 acre 
     feet per year of Fish Springs water rights, including--
       (A) not more than 8,000 acre feet as described in the 
     environmental impact statement (but not the Intermountain 
     Water Supply, Ltd., Project described in the environmental 
     impact statement) and the record of decision;
       (B) up to the 5,000 acre feet of additional Fish Springs 
     water rights; and

[[Page 12657]]

       (C) the rights and approvals for Fish Springs to pump and 
     transfer up to said 13,000 acre feet of groundwater per year.
       (10) Record of decision.--The term ``record of decision'' 
     means the public record of the decision of the District 
     Manager of the United States Bureau of Land Management's 
     Carson City District in the State of Nevada issued on May 31, 
     2006, regarding the environmental impact statement and the 
     Project.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or a designee of the Secretary).
       (12) Tribe.--The term ``Tribe'' means the Pyramid Lake 
     Paiute Tribe of Indians organized under section 16 of the Act 
     of June 18, 1934 (commonly known as the ``Indian 
     Reorganization Act''; 25 U.S.C. 476).
       (13) Truckee river operating agreement.--The term ``Truckee 
     River Operating Agreement'' means--
       (A) the September 6, 2008, Truckee River Operating 
     Agreement negotiated for the purpose of carrying out the 
     terms of the Truckee-Carson-Pyramid Lake Water Rights 
     Settlement Act (Public Law 101-618); and
       (B) any final, signed version of the Truckee River 
     Operating Agreement that becomes effective under the terms of 
     the Truckee-Carson-Pyramid Lake Water Rights Settlement Act.

     SEC. 3. RATIFICATION OF AGREEMENT.

       (a) In General.--Except to the extent that a provision of 
     the Agreement conflicts with this Act, the Agreement is 
     authorized and ratified.
       (b) Waiver and Retention of Claims.--Notwithstanding any 
     provision of the Agreement, any waiver or retention of a 
     claim by the Tribe relating to the Agreement shall be carried 
     out in accordance with section 4.
       (c) Compliance With Applicable Law.--This section, the 
     Original Agreement, and the Agreement satisfy all applicable 
     requirements of section 2116 of the Revised Statutes (25 
     U.S.C. 177).

     SEC. 4. WAIVER AND RELEASES OF CLAIMS.

       (a) Waiver and Release of Claims by Tribe Against Fish 
     Springs.--In return for benefits to the Tribe as set forth in 
     the Original Agreement, the Agreement, and this Act, the 
     Tribe, on behalf of itself and the members of the Tribe, is 
     authorized to execute a waiver and release against Fish 
     Springs of the following:
       (1) All rights under Federal, State, and other law to 
     challenge the validity, characteristics, or exercise of the 
     Project or use of Fish Springs water rights (including 
     additional Fish Springs water rights), including the right to 
     assert a senior priority against or to place a call for water 
     on the Project or Fish Springs water rights (including 
     additional Fish Springs water rights) regardless of the 
     extent to which the Tribe has a water right or in the future 
     establishes a water right that is senior to the Project or 
     Fish Springs water rights (including additional Fish Springs 
     water rights).
       (2) All claims for damages, losses, or injuries to the 
     Tribe's water rights or claims of interference with, 
     diversion of, or taking of the Tribe's water rights, 
     including--
       (A) claims for injury to lands or resources resulting from 
     such damages, losses, injuries, or interference with, 
     diversion of, or taking of tribal water rights under the 
     Agreement or Original Agreement; and
       (B) claims relating to the quality of water underlying the 
     Pyramid Lake Indian Reservation that are related to use of 
     Fish Springs water rights (including additional Fish Springs 
     water rights) by the Project or the implementation or 
     operation of the Project in accordance with the Agreement or 
     Original Agreement.
       (3) All claims that would impair, prevent, or interfere 
     with one or more of the following:
       (A) Implementation of the Project pursuant to the terms of 
     the Agreement or Original Agreement.
       (B) Deliveries of water by the Project pursuant to the 
     terms of--
       (i) the Agreement;
       (ii) the Original Agreement; or
       (iii) the February 28, 2006, Water Banking Trust Agreement 
     between Washoe County and Fish Springs.
       (C) Assignments of water rights credits pursuant to the 
     terms of the February 28, 2006, Water Banking Trust Agreement 
     between Washoe County and Fish Springs.
       (4) All claims against Fish Springs relating in any manner 
     to the negotiation or adoption of the Agreement or the 
     Original Agreement.
       (b) Reservation of Rights and Retention of Claims by Tribe 
     Against Fish Springs.--The Tribe, on its own behalf and on 
     behalf of the members of the Tribe, shall retain against Fish 
     Springs the following:
       (1) All claims for enforcement of the Agreement, the 
     Original Agreement or this Act through such remedies as are 
     available in the U.S. District Court for the District of 
     Nevada.
       (2) Subject to the right of Fish Springs to carry out the 
     Project, and subject to the waiver and release by the Tribe 
     in subsection (a)--
       (A) the right to assert and protect any right of the Tribe 
     to surface or groundwater and any other trust resource, 
     including the right to assert a senior priority against or to 
     place a call for water on any water right other than against 
     the Project or Fish Springs water rights;
       (B) all rights to establish, claim or acquire a water right 
     in accordance with applicable law and to use and protect any 
     water right acquired after the date of the enactment of this 
     Act that is not in conflict with the Agreement, the Original 
     Agreement or this Act; and
       (C) all other rights, remedies, privileges, immunities, 
     powers, and claims not specifically waived and released 
     pursuant to this Act and the Agreement.
       (3) The right to enforce--
       (A) the Tribe's rights against any party to the Truckee 
     River Operating Agreement;
       (B) the Tribe's rights against any party to the Truckee 
     River Water Quality Settlement Agreement; and
       (C) whatever rights exist to seek compliance with any 
     permit issued to any wastewater treatment or reclamation 
     facility treating wastewater generated by users of Project 
     water.
       (4) The right to seek to have enforced the terms of any 
     permit or right-of-way across Federal lands issued to Fish 
     Springs for the Project and Project water.
       (c) Waiver and Release of Claims by the Tribe Against the 
     United States.--In return for the benefits to the Tribe as 
     set forth in the Agreement, the Original Agreement, and this 
     Act, the Tribe, on behalf of itself and the members of the 
     Tribe, is authorized to execute a waiver and release of all 
     claims against the United States, including the agencies and 
     employees of the United States, related to the Project and 
     Fish Springs water rights (including additional Fish Springs 
     water rights) that accrued at any time before and on the date 
     that Fish Springs makes the payment to the Tribe as provided 
     in Paragraph 4 of the Agreement for damages, losses or 
     injuries that are related to--
       (1) the Project, Fish Springs water rights (including 
     additional Fish Springs water rights), and the 
     implementation, operation, or approval of the Project, 
     including claims related to--
       (A) loss of water, water rights, land, or natural resources 
     due to loss of water or water rights (including damages, 
     losses, or injuries to hunting, fishing, and gathering rights 
     due to loss of water, water rights or subordination of water 
     rights) resulting from the Project or Fish Springs water 
     rights (including additional Fish Springs water rights);
       (B) interference with, diversion, or taking of water 
     resulting from the Project; or
       (C) failure to protect, acquire, replace, or develop water, 
     water rights, or water infrastructure as a result of the 
     Project or Fish Springs water rights (including additional 
     Fish Springs water rights);
       (2) the record of decision, the environmental impact 
     statement, the Agreement or the Original Agreement;
       (3) claims the United States, acting as trustee for the 
     Tribe or otherwise, asserted, or could have asserted in any 
     past proceeding related to the Project;
       (4) the negotiation, execution, or adoption of the 
     Agreement, the Original Agreement, or this Act;
       (5) the Tribe's use and expenditure of funds paid to the 
     Tribe under the Agreement or the Original Agreement;
       (6) the Tribe's acquisition and use of land under the 
     Original Agreement; and
       (7) the extinguishment of claims, if any, and satisfaction 
     of the obligations of the United States on behalf of the 
     Tribe as set forth in subsection (e).
       (d) Reservation of Rights and Retention of Claims by Tribe 
     Against the United States.--Notwithstanding the waivers and 
     releases authorized in this Act, the Tribe, on behalf of 
     itself and the members of the Tribe, shall retain against the 
     United States the following:
       (1) All claims for enforcement of this Act through such 
     legal and equitable remedies as are available in the U.S. 
     District Court for the District of Nevada.
       (2) The right to seek to have enforced the terms of any 
     permit or right-of-way across Federal lands issued to Fish 
     Springs for the Project and Project water.
       (3) Subject to the right of Fish Springs to carry out the 
     Project, all other rights, remedies, privileges, immunities, 
     powers, and claims not specifically waived and released 
     pursuant to this Act and the Agreement.
       (e) Extinguishment of Waived and Released Claims.--Upon 
     execution of the waiver and releases by the Tribe pursuant to 
     subsections (a) and (c) and upon final payment by Fish 
     Springs pursuant to the terms of the Agreement, the United 
     States acting on behalf of the Tribe shall have no right or 
     obligation to bring or assert any claims waived and released 
     by the Tribe as set forth in subsection (a). Upon the 
     effective date of the waivers and releases of claims 
     authorized, the waived and released claims as set forth in 
     subsection (a) are extinguished.
       (f) No United States Liability for Waived Claims.--The 
     United States shall bear no liability for claims waived and 
     released by the Tribe pursuant to this Act.
       (g) United States Reservation of Rights.--Nothing in this 
     Act shall affect any rights, remedies, privileges, 
     immunities, or

[[Page 12658]]

     powers of the United States, including the right to enforce 
     the terms of the right-of-way across Federal lands for the 
     Project granted by the Secretary to Fish Springs pursuant to 
     the Federal Lands Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.), with the exception that the United 
     States may not assert any claim on the Tribe's behalf that is 
     extinguished pursuant to subsection (e).
       (h) Effective Date of Waivers and Releases of Claims.--The 
     waivers and releases authorized under subsections (a) and (c) 
     shall take effect on the day Fish Springs makes the payment 
     to the Tribe as provided in subparagraph 4.2 of the 
     Agreement.

     SEC. 5. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits provided to the Tribe under 
     the Agreement, the Original Agreement, and this Act shall be 
     considered to be full satisfaction of all claims of the Tribe 
     waived and released pursuant to section 4 and pursuant to the 
     Original Agreement and any claims the United States might 
     make on behalf of the Tribe that are extinguished pursuant to 
     section 4.
       (b) Effect of Failure To Execute Waivers and Releases.--If 
     the Tribe fails to execute the waivers and releases as 
     authorized by this Act within 60 days after the date of the 
     enactment of this Act, this Act and the Agreement shall be 
     null and void.

     SEC. 6. BENEFICIARIES TO AGREEMENT.

       (a) Requirement.--The beneficiaries to the Agreement shall 
     be limited to--
       (1) the parties to the Agreement;
       (2) any municipal water purveyor that provides Project 
     water for wholesale or retail water service to the area 
     serviced by the Project;
       (3) any water purveyor that obtains the right to use 
     Project water for purposes other than serving retail or 
     wholesale customers; and
       (4) any assignee of Water Rights Credits for Project water 
     pursuant to the terms of the February 28, 2006, Water Banking 
     Trust Agreement between Washoe County and Fish Springs.
       (b) Prohibition.--Except as provided in subsection (a), 
     nothing in the Agreement or this Act provides to any 
     individual or entity third-party beneficiary status relating 
     to the Agreement.

     SEC. 7. JURISDICTION.

       Jurisdiction over any civil action relating to the 
     enforcement of the Agreement, the Original Agreement, or this 
     Act shall be vested in the United States District Court for 
     the District of Nevada.

     SEC. 8. ENVIRONMENTAL COMPLIANCE.

       Nothing in this Act precludes the United States or the 
     Tribe, when delegated regulatory authority, from enforcing 
     Federal environmental laws, including--
       (1) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including 
     claims for damages for harm to natural resources;
       (2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
     and
       (5) any regulation implementing one or more of the Acts 
     listed in paragraphs (1) through (4).

     SEC. 9. MISCELLANEOUS PROVISIONS.

       (a) No Establishment of Standard.--Nothing in this Act 
     establishes a standard for the quantification of a Federal 
     reserved water right or any other claim of an Indian tribe 
     other than the Tribe in any other judicial or administrative 
     proceeding.
       (b) Other Claims.--Nothing in the Agreement, the Original 
     Agreement, or this Act quantifies or otherwise adversely 
     affects any water right, claim, or entitlement to water, or 
     any other right of any Indian tribe, band, or community other 
     than the Tribe.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Montana (Mr. Daines) and the gentleman from New Jersey (Mr. Holt) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Montana.


                             General Leave

  Mr. DAINES. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Montana?
  There was no objection.
  Mr. DAINES. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3716 is a bipartisan bill sponsored by Congressman Amodei of 
Nevada. The legislation ratifies a water rights agreement between the 
Pyramid Lake Paiute Tribe and the Fish Springs Ranch.
  Although the bill does not authorize the expenditure of American 
taxpayer dollars, it is necessary due to the Federal trust 
responsibility for the tribe and because it decreases the Federal 
Government's potential liabilities related to those trust duties.
  H.R. 3716 allows a water pipeline project to go forward while 
codifying an agreement that allows non-Federal payments to mitigate for 
water supply damages associated with the pipeline. This is a win for 
the American taxpayer, this is a win for the tribe, and this is a win 
for water users.
  I commend Congressman Amodei for his leadership and urge adoption of 
the legislation.
  I reserve the balance of my time.
  Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3716 would ratify a water settlement agreement between the 
Pyramid Lake Paiute Tribe and a subsidiary of the Vidler Water Company. 
The agreement allows the Vidler Water Company to continue operating a 
water project that provides water to the northern Reno area and fairly 
compensates the Pyramid Lake Paiute Tribe for any actual or potential 
water losses.
  As I understand the situation, the legislation is supported by all 
affected parties, and it will settle potential claims by the Pyramid 
Lake Paiute Tribe against the United States at no cost to American 
taxpayers.
  Consequently, I support this legislation. I am happy to see it come 
to the floor. I believe my colleagues on the minority of the Committee 
on Natural Resources concur.
  I reserve the balance of my time.
  Mr. DAINES. Mr. Speaker, I yield 3 minutes to the gentleman from 
Nevada (Mr. Amodei), who I served on the Natural Resources Committee 
with recently.
  Mr. AMODEI. Mr. Speaker, I thank the chairman, my colleague from Big 
Sky Country.
  This legislation would authorize the Pyramid Lake Paiute Tribe to 
grant waivers against both Fish Springs Ranch and the United States 
Government. The provisions would take effect after the tribe signs the 
waivers and Fish Springs pays the tribe. The amount in payment--for 
those of you keeping track--is about $3.6 million.
  The tribe would also dismiss pending litigation against BLM for 
violations in NEPA and potential trust responsibilities related to the 
groundwater project. At that point, any potential Federal liability 
would be eliminated.
  This is a settlement reached at arm's length between the two parties 
as a result of a lawsuit filed in 2005. Settlement was reached in 2007. 
The damage amount of $3.6 million would also have added to it interest 
from 2007.
  The approach is simple and straightforward, with no Federal dollars 
involved.
  I recommend passage of the bill.
  Mr. HOLT. If the gentleman from Montana is ready to close, I yield 
back the balance of my time.
  Mr. DAINES. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Montana (Mr. Daines) that the House suspend the rules 
and pass the bill, H.R. 3716.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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